STATEMENT OF DECLINATION ISSUED JOINTLY BY
THE DISTRICT ATTORNEY’S OFFICES
OF LOS ANGELES AND SANTA BARABARA COUNTIES
September 21, 1994
It became clear at the inception of the investigation into child molestation allegations against Michael Jackson that those allegations involved conduct that occurred in both Los Angeles and Santa Barbara Counties. Therefore, the Los Angeles Police Department, the Santa Barbara Sheriff’s Department, the Santa Barbara District Attorneys Office and the Los Angeles County District Attorneys Office participated in a joint investigation of those allegations.
After approximately one year, the investigation is now concluded. During the course of the investigation, approximately four hundred witnesses were contacted (some more than once) and additional thirty witnesses were called before grand juries in Los Angeles and Santa Barbara. Hundreds of “clues” from the public were probed. Much time was spent pursing potentially exonerating evidence as well as inculpatory evidence. Several leads were explored which later turned out to be false.
The first alleged victim who came forward and who was the catalyst for this criminal investigation is the same individual who filed and settled a civil lawsuit against Mr. Jackson. The factual allegations underlying the civil lawsuit are identical to those which would support a criminal prosecution.
However, at the present time this alleged victim has chosen to assert his rights under Code of Civil Procedure section 1219 and has declined to testify. This decision was not communicated to either prosecutorial agency until July 6, 1994. Until that time, the alleged victim had indicated his possible willingness to testify and we continued with our investigation.
During the last several months, investigatory efforts uncovered additional allegations of sexual molestation occurring between Mr. Jackson and a second boy. The particular events described occurred solely in Santa Barbara County. Therefore, any filing decision on those allegations would involve Santa Barbara.
As to those particular allegations, Santa Barbara County declines to file at this time, because of the inability of law enforcement to interview the alleged victim, because that child is beyond the reach of the court process, and because of the child’s prior general denial of any wrongdoing.
The investigation also revealed the existence of a third alleged victim who has been in psychological therapy since his disclosure to police in early November of 1993. He has alleged that Michael Jackson molested him on three occasions. Two of those occasions allegedly occurred in Los Angeles County beyond the statute of limitations, and the third occasion, within the statute, allegedly occurred in Santa Barbara County. In light of the primary alleged victim’s decision not to testify, and because of the third alleged victim’s reluctance to testify and in consideration of his psychological well-being, no charges relating to the third alleged victim will be pursued at this time.
Another aspect of the investigation involved accounts from several witnesses who allegedly viewed Mr. Jackson inappropriately touching children other than the alleged victims mentioned above. At no time did any of the children named confirm that such conduct occurred, and the credibility of those third party accounts is compromised by the fact that some of the sources of these accounts profited monetarily by selling their stories to the media.
In conclusion, we decline to file charges relating to any of the alleged victims at this time because of the legal unavailability of the primary alleged victim. We emphasize that our decision is not based on any issue of credibility of victims. Should circumstances change or should new evidence develop within the statute of limitations, this decision will be reevaluated in light of the evidence available at such time.
Source: http://atgbook.net/abcfinal.html
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THE DISTRICT ATTORNEY’S OFFICES
OF LOS ANGELES AND SANTA BARABARA COUNTIES
September 21, 1994
It became clear at the inception of the investigation into child molestation allegations against Michael Jackson that those allegations involved conduct that occurred in both Los Angeles and Santa Barbara Counties. Therefore, the Los Angeles Police Department, the Santa Barbara Sheriff’s Department, the Santa Barbara District Attorneys Office and the Los Angeles County District Attorneys Office participated in a joint investigation of those allegations.
After approximately one year, the investigation is now concluded. During the course of the investigation, approximately four hundred witnesses were contacted (some more than once) and additional thirty witnesses were called before grand juries in Los Angeles and Santa Barbara. Hundreds of “clues” from the public were probed. Much time was spent pursing potentially exonerating evidence as well as inculpatory evidence. Several leads were explored which later turned out to be false.
The first alleged victim who came forward and who was the catalyst for this criminal investigation is the same individual who filed and settled a civil lawsuit against Mr. Jackson. The factual allegations underlying the civil lawsuit are identical to those which would support a criminal prosecution.
However, at the present time this alleged victim has chosen to assert his rights under Code of Civil Procedure section 1219 and has declined to testify. This decision was not communicated to either prosecutorial agency until July 6, 1994. Until that time, the alleged victim had indicated his possible willingness to testify and we continued with our investigation.
During the last several months, investigatory efforts uncovered additional allegations of sexual molestation occurring between Mr. Jackson and a second boy. The particular events described occurred solely in Santa Barbara County. Therefore, any filing decision on those allegations would involve Santa Barbara.
As to those particular allegations, Santa Barbara County declines to file at this time, because of the inability of law enforcement to interview the alleged victim, because that child is beyond the reach of the court process, and because of the child’s prior general denial of any wrongdoing.
The investigation also revealed the existence of a third alleged victim who has been in psychological therapy since his disclosure to police in early November of 1993. He has alleged that Michael Jackson molested him on three occasions. Two of those occasions allegedly occurred in Los Angeles County beyond the statute of limitations, and the third occasion, within the statute, allegedly occurred in Santa Barbara County. In light of the primary alleged victim’s decision not to testify, and because of the third alleged victim’s reluctance to testify and in consideration of his psychological well-being, no charges relating to the third alleged victim will be pursued at this time.
Another aspect of the investigation involved accounts from several witnesses who allegedly viewed Mr. Jackson inappropriately touching children other than the alleged victims mentioned above. At no time did any of the children named confirm that such conduct occurred, and the credibility of those third party accounts is compromised by the fact that some of the sources of these accounts profited monetarily by selling their stories to the media.
In conclusion, we decline to file charges relating to any of the alleged victims at this time because of the legal unavailability of the primary alleged victim. We emphasize that our decision is not based on any issue of credibility of victims. Should circumstances change or should new evidence develop within the statute of limitations, this decision will be reevaluated in light of the evidence available at such time.
Source: http://atgbook.net/abcfinal.html
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